Notice: Undefined index: HTTP_REFERER in /home/stparch/public_html/headmid_temp_main.php on line 4394
Newspaper Archive of
Indian Valley Record
Greenville, California
HOME Browse Search List Of All Titles New! Global Image Search
Free Search  Subscribe  Sign In
July 27, 2011     Indian Valley Record
PAGE 15     (15 of 32 available)        PREVIOUS     NEXT      Jumbo Image    Save To Scrapbook    Set Notifiers    PDF    JPG
© Indian Valley Record. All rights reserved.     Upgrade to access Premium Tools
 
PAGE 15     (15 of 32 available)        PREVIOUS     NEXT      Jumbo Image    Save To Scrapbook    Set Notifiers    PDF    JPG
July 27, 2011
 
Newspaper Archive of Indian Valley Record produced by SmallTownPapers, Inc.
Website © 2025. All content copyrighted. Copyright Information
Terms Of Use | Privacy Policy | Request Content Removal | About / FAQ | Get Acrobat Reader




,n Bulletin, Progressive, Record, Reporter Wednesday, July 27, 2011 5B r Sam Williams Staff Writer swilliams@lassennews.com Attorneys for the city of Susanville and Lassen Coun- ty continue their efforts op- posing the parole of convict- ed murderer Loren Herzog in Lassen County by the Cal- ifornia Department of Cor- rections and Rehabilitation. Lassen County Superior Court Judge F. Donald Sokol is hearing the case. Herzog pleaded guilty to voluntary manslaughter and being an accessory to three other murders in 2004 after his 2001 conviction on three counts of first-degree mur- der was overturned. Originally he was sen- tenced to 87 years in state ish prison, but when he accept- ed a plea bargain in his 2004 trial, he was sentenced to 14 years in prison. He arrived in Lassen County Sept. 18, 2010 to serve his parole and is cur- rently housed in a fifth- wheel trailer on the grounds of High Desert State Prison in Susanville. According to the opening brief prepared by City Attor- ney Peter Talia and former Deputy County Counsel Tract Witry, a writ of man- date is the proper form to compel CDCR to comply with the law, CDCR did not "substantially comply" ith legal notice requirements, CDCR's decision to parole Herzog in Lassen County was "arbitrary, capricious and without evidentiary support" and CDCR's argu- ment of "harmless error" is without merit. The city and county dis- pute CDCR's assertion that "the question before this court is whether the superior court can direct the CDCR to transfer a parolee our of a county. The question before this court is whether CDCR placed a parolee in Lassen County without proper, legal notice and whether that deci- sion was arbitrary, capri- cious and without eviden- tiary support." Talia and Witry cited a number of court cases de- fending the use of a writ or mandate to compel CDCR to comply with the law. They also argue CDCR did not notify Lassen County within 24 hours of its decision to parole Herzog here, as required by law. Ac- cording to court documents, CDCR made its decision to parole Herzog in Lassen County the first week of Sep- tember 2010 but did not de- liver a notice of release until Sept. 15. In addition, they argue CDCR failed to provide writ- ten reasons why Lassen County was chosen as re- quired by law. According to Talia and Witty, "These actions are mandatory to give the coun- ties a chance to be heard. CD- CR intentionally failed to fol- low the code sections, and they are now claiming that although CDCR eventually in lun provided notice, that should be good enough. For the citi- zens of Lassen County, 'good enough' is not enough. They also argue Lassen County became a "dumping ground" for parolees such as Herzog and CDCR "has cho- sen to trample upon" the pro- tections afforded to the coun- ties in the law. They contend CDCR looked at Sacramento and Modoc counties after San Joaquin County was no longer an op- tion due to the presence of witnesses and victims. But they say there is no evidence CDCR looked at the Santa Clara County the "county of commitment." "None of CDCR's reasons to place Herzog in Lassen County is unique to Lassen I County," Talia and Witry wrote. "The reasons are arbi- trary and capricious." Finally, they argue the court should reject CDCR's claim of harmless error. "CDCR offers the court a remedy that if the court de- termined CDCR needs to strictly comply with the no- tice requirements, then all CDCR has to do is provide a formal list of reasons why Herzog was placed in Lassen County ... Such exercise of discretion is in fact arbi- trary, capricious and possi- bly fraudulent, and it is hard to imagine a scenario that more obviously indicates an abuse of discretion as a mat- ter of law." The date of the next hear- ing has not been set. i The Department of Fish and Game (DFG) is now ac- cepting applications for the new Reserve Peace Officer Program. Applicants must be California peace officers who are currently POST-certified for Level 1 Reserve Training. The position is unpaid, but offers current California peace officers the opportuni- ty to work as reserve game wardens on a regular basis and assist current game wardens with their law enforcement-related activities. Candidates for the pro- gram will have to pass a background investigation, medical evaluation, psycho- logical evaluation and pre- employment physical that in- cludes a basic swim test. Re- serve officers may also have to complete a minimum 40- hour field-training program regarding natural resource management and fish and game laws. Reserve officers will work in the field or on vessels and will typically be assigned to work alongside full-time, paid wardens. They will be required to work a minimum of 16 hours per month to re- mare active. Interested candidates should submit a standard state application form (also known as a Standard 678, available at spb.ca.gov/jobs/stateapp.ht m) to the Law Enforcement Division Reserve Peace Travel plan still rai ing rucku The recently completed Travel Management Plan for the forests in Region 5 here in California have created quite a stir because of the loss of access to our public lands. Many counties"have now realized the impact of this flawed plan for both the counties and the citizens. All the counties in this area have invoked coordina- tion and have let the Other agencies know they want to be involved in what happens on the public lands. Recently Lassen, Shasta, Tehama and Plumas Coun- ties wrote letters to Lassen National Forest supervisor Jerry Bird, regional forester Randy Moore and Congress- man Tom McClintock in sup- port of the Share the Dream trail proposal that has been in the works for 10 years and gotten nowhere. This proposed all-inclusive, Feat:ure of the Week: service on any propane or heating oil stove (good thru8/15/11) Quincy Store ~~ 2019 East Main St. : ,~ Tues-Fri Quincy ~- 9:30am-5:30pm Sat 10am-4pm 283-2929 www.quincyhotspot.corn Closed Sun & Mon I PLUMASNEWS.COM mixed-use trail is 109 miles long and completely circles the Lassen Volcanic National Park on Lassen National For- est lands. All four counties support this trail proposal and are now meeting with the Forest Supervisor to work on any problems that need to be mitigated with this trail proposal. REPI "'*sign, we can' ll find some o can. CONSTRUCTION SINCE 198,4 General Building Contractor Calif. Lic. #453927 (530) 283-2035 HASSLES • NO EXTRA EXPENSE I can get you a new car or truck, virtually any make and model, for less than you are likely to pay going to a dealership in Reno, Chico or Sacramento! LET MY 40+ YEARS OF EXPERIENCE WORK FOR YOUi (2277) 197 E. Main St., Quincy Officer Program. DFG is charged with pro- tecting California's diverse natural resources, including wildlife and fish and their na- tive habitats. Fish and Game wardens work on land and water, deserts and moun- tains, in urban and remote areas and encounter wildlife poachers and polluters of every sort. The DFG Law Enforcement Division receives regular re- quests from well-qualified peace officers to participate in a Reserve Peace Officer Program. The original pro- gram was phased out in the late 1990s, as the volunteers were not POST-certified. The new program will include re- cently retired game wardens and other retired or fuU-time California peace officers. For more information about the Reserve Peace Offi- cer Program contact Lt. Josh Nicholas, (415) 883-6160 or j nicholas@dfg.ca.gov. LA • Half Marathon • IOK Greenville, CA Full Marathon: s60 Half Marathon: s40 All revenue from this event directly benefits foster children served by Mountain Circle. 10 K: $25 Participants will enjoy unique roadside water and treat stations as they wind through the gorgeous Indian Valley. Runners are then invited for an old fashioned pig roast and lu'au at the Goss Ranch. Entry fee includes a participation gift, a finisher medal for marathon and half-marathon finishers, digifal 'chip' timing, age division and overall divison awards, and discounted tickets for the evening BBQ. For more information and to pre-register online visit www.MountainCircle.org . HOb';,'¢T41~tc'RCLF " ":,~ ,iU3 .~ [.k'/ ".'Z~, 'r ( Or call (530) 284-7007 wl h ape Hosted by Mountain Circle Family Services, Inc. - Board of Directors 20, 2011 Goss Ranch: 4864 North Arm Rd., Greenville 5-8 pm Buy your tickets at any Mountain Circle office, In Quincy: StoneLeaf Promotions, Pangea's In Greenville: Evergreen Market, Village Drug, Plumas Bank General Public: Race Participants may purchase discounted tickets by contacting Mountain Circle. VENDORS, RUNNERS, AWARDS, ROASTED PIG, CATERED DINNER, ' BAR, DESIGNATED DRIVERS, DJ's AND DANCING More information: www. Mountaincircle.org or (530) 284-7007 t M I i! r~ [. 1i